By: Raymond, et al. (Senate Sponsor - Hinojosa) H.J.R. No. 102
         (In the Senate - Received from the House May 12, 2009;
  May 13, 2009, read first time and referred to Committee on Natural
  Resources; May 23, 2009, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 23, 2009, sent to printer.)
 
 
HOUSE JOINT RESOLUTION
 
  proposing a constitutional amendment to protect the right of the
  public to access and use public beaches.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article I, Texas Constitution, is amended by
  adding Section 33 to read as follows:
         Sec. 33.  (a) In this section, "public beach" means a
  state-owned beach bordering on the seaward shore of the Gulf of
  Mexico, extending from mean low tide to the landward boundary of
  state-owned submerged land, and any larger area extending from the
  line of mean low tide to the line of vegetation bordering on the
  Gulf of Mexico to which the public has acquired a right of use or
  easement to or over the area by prescription or dedication or has
  established and retained a right by virtue of continuous right in
  the public under Texas common law.
         (b)  The public, individually and collectively, has an
  unrestricted right to use and a right of ingress to and egress from
  a public beach. The right granted by this subsection is dedicated
  as a permanent easement in favor of the public.
         (c)  The legislature may enact laws to protect the right of
  the public to access and use a public beach and to protect the
  public beach easement from interference and encroachments.
         (d)  This section does not create a private right of
  enforcement.
         SECTION 2.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 3, 2009.
  The ballot shall be printed to provide for voting for or against the
  proposition: "The constitutional amendment to protect the right of
  the public, individually and collectively, to access and use the
  public beaches bordering the seaward shore of the Gulf of Mexico."
 
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